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WALRUS MANUFACTURING CO. v. EXCEL METAL CABINET CO.

Civ. A. No. 6409.

161 F.Supp. 840 (1957)

WALRUS MANUFACTURING COMPANY, Plaintiff, v. The EXCEL METAL CABINET COMPANY, Inc., Defendant.

United States District Court W. D. New York.

April 16, 1957.

Attorney(s) appearing for the Case

Penney, Penney & Buerger, Buffalo, N. Y., for plaintiff.

Myles, Wormser & Koch, Buffalo, N. Y. (R. Norman Kirchgraber, Buffalo, N. Y., of counsel), for defendant.

MORGAN, District Judge.

This is an action for libel. It is brought concerning a letter written by one E. A. Malnati, Jr., an employee of the Excel Hospital Equipment Company, exclusive sales agents for defendant.

At the time of the writing of the letter in suit, Malnati, then 26 years of age, was employed as a clerk in the Purchasing Department and an assistant in the Sales Department of the Excel Hospital Equipment...

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